Hard decision in fatal crash case

It took time to arrive at this summer's charges against woman in Voorheesville deaths

Updated 7:33 am, Sunday, December 23, 2012

LuAnn Burgess, the 55-year-old Voorheesville woman accused of killing three people with her runaway SUV, at Albany County Court in Albany, NY Friday Nov. 9, 2012. (Michael P. Farrell/Times Union)

LuAnn Burgess, the 55-year-old Voorheesville woman accused of...

A police officer looks down at a flip flop on the ground outside of a crashed SUV at St. Matthew's church on Mountain View Street in Voorheesville on Wednesday, Aug. 10, 2011. The accident resulted in the deaths of three people. The driver, LuAnn Burgess, pleaded guilty to criminally negligent homicide charges. (Erin Colligan /Times Union archive)

A police officer looks down at a flip flop on the ground outside of...

Burgess lost control of her SUV outside a Voorheesville church, killing three women who were waiting to start their walk through town.

On Aug. 9, after 364 days of speculation, interviews with witnesses, accident reconstructions and several grand jury hearings, Burgess was charged with felonies in connection to the crash, including aggravated vehicular homicide. Last month, Burgess, 56, pleaded guilty to three counts of criminally negligent homicide. She also agreed never to drive again. Burgess will be sentenced Jan. 11 to no more than six months in Albany County jail.

Burgess crashed her white 2007 Toyota Highlander on her way home from dropping off her foster child at summer camp. She was less than a mile away from her home when, she said, a flip-flop slid off her foot and wedged itself in the gas pedal. She veered off Mountainview Street, struck the victims outside of St. Matthew's Roman Catholic Church at 46 mph and didn't stop until her vehicle threaded through the church's narrow vestibule and slammed into a red brick bell tower.

Burgess suffers from Parkinson's disease and was on prescribed amounts of Xanax, Wellbutrin and Seroquel at the time of the crash. Though each medication came with a warning to be careful while driving, none of the medications prohibit a driver from getting behind the wheel.

The case was the topic of much public debate, with people wondering why it took Albany County District Attorney David Soares' office nearly a year to charge Burgess.

Soares himself appeared torn after announcing the indictment. At a news conference after the charges were made public, Soares spoke with a sense of sympathy toward the victims and Burgess.

"I don't think you've ever heard me or my office being at a loss for words with respect to a case," Soares said. "I think my attitude toward this case is the same that you're seeing in the families connected to this case. There are no winners here, only people who have suffered tremendous loss."

"I cannot recall a case that has presented more internal debate and dialogue than this case," Soares continued. "We didn't pursue this case with an intent to villainize Mrs. Burgess and we will not be doing that. We won't be doing that now, and we won't be doing that as we move forward with prosecution."

When she pleaded guilty in November, Burgess admitted that she was on medications, was distracted, took her eyes off the road and did not brake before the crash.

"You failed to take any other evasive action before you came into contact with three different individuals? Is that correct?" Judge Stephen Herrick asked.

"Yes," Burgess said.

"And you struck, as you later found out, the three victims?" Herrick asked, naming each victim. "Is that correct?"

"Yes, your honor," Burgess said.

"And you negligently caused their deaths, to each of those three individuals, is that correct?"